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Terms of Use

Copyrights

 

Pacific Play Tents web site (the "Site") and the materials within it are © 2013 Pacific Play Tents, Inc. ("Pacific Play Tents"). Viewing this Site creates a copy of Pacific Play Tents materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.

 

Use License

Pacific Play Tents grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.

 

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Pacific Play Tents that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Pacific Play Tents relating to the sale of products or services to you through this Site, Pacific Play Tents will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

 

Trademarks

 

The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Pacific Play Tents and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Pacific Play Tents aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Pacific Play Tents, Pacific Play Tents logo or the other Pacific Play Tents formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Pacific Play Tents. Pacific Play Tents prohibits use of Pacific Play Tents logo as part of a link to or from any site unless establishment of such a link is approved in advance by Pacific Play Tents in writing. Fair use of Pacific Play Tents’ Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

 

Links to Third Party Sites

 

This Site may contain links to Sites owned or operated by parties other than Pacific Play Tents or Pacific Play Tents. Such links are provided for your reference only. Pacific Play Tents does not control outside Sites and is not responsible for their content. Pacific Play Tents’ inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Pacific Play Tents’ inclusion of the links imply that Pacific Play Tents is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Pacific Play Tents also may make employment information available through this Site. Pacific Play Tents is an equal opportunity employer. Pacific Play Tents provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF PACIFIC PLAY TENTS OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

 

NO WARRANTIES; EXCLUSION OF LIABILITY

 

PACIFIC PLAY TENTS AND PACIFIC PLAY TENTS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PACIFIC PLAY TENTS AND PACIFIC PLAY TENTS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. NEITHER PACIFIC PLAY TENTS NOR PACIFIC PLAY TENTS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER PACIFIC PLAY TENTS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Contacting Us

 

If you have any questions about this agreement, please call us at 1-877-722-0083, fax us at 1-323-269-0431, log on to www.pacificplaytents.com/contacts, or write us at:

Pacific Play Tents
Attention: Internet Customer Service
2801 E 12th Street
Los Angeles, CA 90023

Although Pacific Play Tents will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Pacific Play Tents does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

 

Indemnification

 

You shall indemnify, defend and hold Pacific Play Tents, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of the Terms of Use or any use by you of the Site or as a result of a dispute with another User. Pacific Play Tents reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Pacific Play Tents.

 

Termination

 

This Agreement constitutes a binding agreement between you and Pacific Play Tents until terminated by you or Pacific Play Tents, which Pacific Play Tents may do at any time, without notice, in Pacific Play Tents sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.

 

Choice of Law/Dispute Resolution

 

This Agreement shall be governed by and in accordance with the laws of the State of California, without regard to conflicts of law provisions. Any controversy involving Pacific Play Tents arising from or in any way related to the Terms of Use or your use of the Site shall be heard in the appropriate State or Federal court in Los Angeles County, California State and you irrevocably consent to the jurisdiction of such courts.

 

Notice and Disclosures

 

Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of Pacific Play Tents, User, to the e-mail address you provide to Pacific Play Tents. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

 

General

 

If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or Pacific Play Tents to exercise or enforce any rights or provisions of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and Pacific Play Tents and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms of Use.

You agree that Pacific Play Tents may at any time and without notice change the terms, conditions and notices under which this Site is offered.  

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